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Renegade Load Board |WEB TERMS OF USE
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A Renegade Load Board|Web account is solely for use by individuals, and a Renegade Load Board |Web user ID may only be used one individual at a time. If you would like to purchase multiple user IDs for a single account, you may do so by telephoning Renegade’s sales department during business hours at 1-785-250-6777.
In order to use Renegade Load Board |Web, you must first agree to the Terms of Use. You may not use Renegade Load Board |Web if you do not accept the Terms of Use. You can accept the Terms of Use by clicking to accept or agree to the Terms of Use, where this option is made available to you by Renegade Load Board in Renegade Load Board |Web, or by actually using Renegade Load Board |Web. In so doing, you understand and agree that Renegade will treat your use of Renegade Load Board |Web as acceptance of the Terms of Use from that point onwards.
You may not use Renegade Load Board |Web and may not accept the Terms of Use if you are not of legal age to form a binding contract with Renegade Load Board, or if you are a person barred from receiving Renegade Load Board |Web under the laws of the United States or other countries including the country in which you reside or from which you access Renegade Load Board |Web.
1. Licensed Uses and Restrictions.
Renegade Load Board |Web (“Renegade Load Board”) is owned by Freeman Investment Services, Inc. (“FIS”) and is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These Terms of Use define legal use of Renegade Load Board, including all updates and revisions. All rights not expressly granted to you are reserved by FIS. Renegade Load Board services provided to you may change from time to time and you acknowledge that the provision of any service at any given point in time does not constitute a promise by FIS to continue to provide such service in the future.
a) YOU MAY use Renegade Load Board and any updates provided by FIS (in its sole discretion) provided you pay all associated fees in a timely manner and otherwise comply with these Terms of Use. Your license to Renegade Load Board under these Terms of Use continues until it is terminated by either party in accordance with these Terms of Use.
b) YOU SHALL NOT:
2. Limited Warranty and Disclaimer.
a) Limited Warranty as to Virus Control. FIS hereby warrants that to the best of its knowledge there is no virus in any portion of Renegade Load Board and that it has used commercially reasonable efforts to ensure that Renegade Load Board is free of computer viruses and has undergone virus checking procedures consistent with industry standards. The term "virus" as used hereunder means (a) any computer code designed to disable, disrupt or damage your use of Renegade Load Board or your computer or network, or (b) damage or destroy any data or files residing on your computer system without your consent.
b) Disclaimer of all other Warranties. Except for the limited warranty provided in the preceding paragraph of this Section 2, FIS DOES NOT REPRESENT OR WARRANT THAT Renegade Load Board IS OR WILL BE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. Renegade Load Board IS PROVIDED "AS IS." FIS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF Renegade Load Board IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM USING Renegade Load Board INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
3.Ownership and Relationship of Parties.
Renegade Load Board may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. FIS's rights apply to Renegade Load Board and all output and executables of Renegade Load Board. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use. FIS owns all rights, title, and interest in and to Renegade Load Board. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by FIS, including (but not limited to) Renegade Load Board and FIS trademarks.
4. Operating Hours.
a) FIS shall operate Renegade Load Board 24 hours a day, 7 days a week, 365 days a year, subject to the limitations set forth in this section, during the term of this agreement.
b) FIS shall operate Renegade Load Board so that scheduled maintenance will not normally result in Renegade Load Board interruption. If scheduled maintenance requires Renegade Load Board interruption, FIS will provide a minimum of 2 days’ prior written notice, and will use commercially reasonable efforts to perform such maintenance with the minimum interruption time. Scheduled maintenance along with Force Majeure events and Security events defined in section 9(f) shall be considered “Excused Outages.”
c) Not including Excused Outages, FIS’s uptime commitment is 99.5% for Renegade Load Board. If in any calendar month this uptime commitment is not met, FIS will issue to you on request a pro rata credit equal to the amount of downtime. If in any one month cumulative downtime exceeds 72 hours, you may also request early termination of this Agreement and receive a pro-rata refund of any prepayments applying to the remainder of the contract term. This Section 4(c) shall be FIS’s sole obligation and your exclusive remedy for any failure by FIS to meet its uptime commitment and must be requested in writing to FIS within five (5) business days following the outage in question.
5. Technical Support.
a) FIS shall provide technical support services, updates, and enhancements to Renegade Load Board, including the correction of errors or defects (“Support”) during FIS’s standard business hours excluding holidays. “Errors or defects” shall mean the failure of Renegade Load Board to operate in substantial conformity with the Renegade Load Board documentation.
b) You may report suspected errors or defects to FIS by electronic mail, website, or telephone. FIS will, upon receipt of your report, seek to identify the cause of the reported problem and, if the problem is determined by FIS to result from an error or defect in Renegade Load Board, FIS shall use due diligence to timely correct such reported error or defect.
c) FIS shall make available for your use during the term of this Agreement, at no additional charge, all standard updates and enhancements to PC*MILER where such updates and enhancements are generally made available without charge to ALK’s other customers of PC*MILER. The update shall include at a minimum a timely update to the highway, street, and places databases in PC*MILER.
d) FIS shall not be obligated to provide support services under this Agreement if such services are required because of
6. Limitation of Liability.
FIS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF Renegade Load Board, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT FIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FIS BE LIABLE TO YOU FOR ANY AMOUNT.
7. Force Majeure.
NEITHER PARTY SHALL BE IN BREACH OF THIS AGREEMENT IN THE EVENT IT IS UNABLE TO PERFORM ITS OBLIGATIONS (OTHER THAN TIMELY PAYMENT OF FEES) AS A RESULT OF NATURAL DISASTER, WAR, EMERGENCY CONDITIONS, LABOR STRIFE, THE FAILURE OR SUBSTANTIAL FAILURE OF THE INTERNET OR ANY PORTION THEREOF, OR OTHER REASONS OR CONDITIONS BEYOND ITS REASONABLE CONTROL (TOGETHER, “FORCE MAJEURE EVENTS.
8. Hold Harmless and Indemnity.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify FIS and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Renegade Load Board for routing of trucks, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. FIS shall use good faith efforts to provide you with written notice of such claim, suit or action.
9.General Terms.
a) Relationship of the Parties. For all purposes of the Terms of Use, you and FIS shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. Neither party shall have any authority to assume or create any obligation for or on behalf of the other party, express or implied, and neither party will attempt to bind the other party to any contract.
b) Invalidity of Specific Terms. If a court of competent jurisdiction rules any provision of the Terms of Use invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
c) Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and FIS shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions. You and FIS agree to submit to the personal jurisdiction of the courts located in Shawnee County, Kansas.
d) No Waiver of Rights by FIS. FIS's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
e) Non-Transferability. This license is personal to you and you may not assign or transfer it to any third party without FIS’s prior written consent and any such purported assignment shall be void.
f) Security. Both parties agree to take reasonable and customary measures common in the IT industry to secure their systems from virus, hacker, and denial of service attacks, and you agree that FIS may immediately slow down or cut off service to you if necessary to temporarily halt an attack originating with or through you until such time as you take corrective action.
g) You understand that the use of Renegade Load Board involves the transmission of your data over the Internet and over various networks, only part of which may be owned or operated by FIS, and that FIS takes no responsibility for data which are lost, altered, intercepted or stored without your authorization during the transmission of any data whatsoever across networks not owned or operated by FIS.
10.Privacy.
You understand and agree that you must provide certain personal information to FIS in order to use the Renegade Load Board |Web service.
When you order Renegade Load Board |Web, you must provide your name, e-mail address, mailing address, credit card number, and expiration date. This allows FIS to process and fulfill your order, to notify you of your order status, and to contact you with news about the Renegade Load Board |Web service. This information will be stored by FIS for use in processing future orders by you. FIS may also use your e-mail address to notify you about important FIS news, special offers, or new product releases that FIS thinks you'll find valuable. If you would rather not receive such information, FIS includes an "unsubscribe" option in each such e-mail we send.
When you use Renegade Load Board |Web, you must provide information on origins and destinations of the routes that you want to run, and you may choose to change options settings and enter “favorites” to personalize Renegade Load Board |Web for your use. This allows FIS to make the Renegade Load Board |Web service function for you. This information will be stored by FIS for your future use, and may also be used by FIS for purposes of testing and quality control.
When you contact FIS to report a data correction or suggestion, FIS may use the information you provide to improve future versions of Renegade Load Board.
You agree that FIS may store and use your private data for the purposes set forth immediately above. FIS agrees that it will not voluntarily disclose your personal data to third parties, and that it will take reasonable and customary measures common in the IT industry to secure its systems against involuntary disclosure of your personal data to third parties.
11. Term and Termination.
a) This Agreement shall commence immediately upon activation of your account for whichever initial term you purchase (monthly)(Yearly)(Lifetime).
b) This Agreement may also be terminated by either party at any time for a material breach of the other party’s obligations under this Agreement, if such breach is not cured within thirty (30) days of receipt of written notice of breach by that party.
c) You acknowledge and agree that no earlier than thirty (30) days following receipt of the notice of termination FIS may immediately deactivate your account, and no earlier than sixty (60) days following receipt of notice of termination FIS may immediately delete all of your related data and files in such account. FIS will not be liable to you or to any third party for any termination of your access or deletion of data of any kind arising from such termination.
d) If you are not satisfied with Renegade Load Board, you may cancel this Agreement within seven (7) days of the date the initial term commences.
f) It is understood that there is a no refund policy! updates 1-16-2009 Copyright © Freeman Investment Services, Inc. All rights reserved. |
